ESG Whiplash: Buckle Up for a Bumpy Road Ahead

| March.23.2023 | 2pm - 3pm (Eastern Daylight Time)

Virtual

On March 23, Orrick hosted a candid “fireside chat” for select public company clients to discuss the intense political debate, emerging best practices, and anticipated developments in ESG initiatives and disclosures. The panel focused on the building momentum for Republican-led AG investigations (alleging fiduciary duty, consumer protection and antitrust violations) and the democratic response, including regulatory enforcement actions alleging greenwashing and the increasingly robust pro-ESG regulatory platform of the Biden Administration.

The interactive discussion was led by former Corporate Secretary at Microsoft and Co-Head of Orrick’s Public Companies and ESG Teams, Carolyn Frantz, and featured Rob McKenna (Head of Orrick’s State Attorney General Team and Former Washington State AG), Anna Aryankalayil (Orrick Partner in the Antitrust Team and Former Attorney Advisor to then FTC Commissioner Noah Philips with a focus on antitrust), Stacy Kray (Co-leader of Orrick’s Environmental and ESG Teams with a focus on climate change regulation), and Mike Delikat (Partner in Orrick's Global Employment Law Practice with a focus on advising public companies on their DEI initiatives and current backlash to those efforts).

For more information, questions or if you would like to request a one-on-one presentation, please contact Orrick's ESG Team.

CLE Credits Available: Y

Contacts

Anna Aryankalayil Partner, Antitrust & Competition, Strategic Advisory & Government Enforcement (SAGE)

Washington, D.C.

See my bio

D:+1 202 339 8658
E: [email protected]

Practice:

Antitrust & Competition
Strategic Advisory & Government Enforcement (SAGE)

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Anna Aryankalayil Partner

Washington, D.C.

Having returned to private practice, Anna focuses on merger clearance and litigation, government conduct investigations, and antitrust counseling and compliance.

During her time at the FTC from March 2020 to September 2022, Anna advised on merger and anticompetitive conduct investigations and enforcement actions across a wide range of sectors, including tech, pharmaceutical and life sciences, healthcare, defense, oil & gas, retail, and consumer goods. She also advised on litigation and appellate strategy, the FTC’s advocacy through amicus briefs, and other cutting edge competition policy matters, such as, merger policy, digital platforms, intellectual property, and nascent competition in innovative industries.

Prior to joining the FTC, Anna was a senior associate in private practice where she focused on antitrust litigation, government conduct investigations and compliance, and the antitrust aspects of mergers, acquisitions, and joint ventures. In litigation, Anna has experience defending high-profile transactions against government challenge from the FTC and the United States Department of Justice Antitrust Division.

Mike Delikat Partner, Employment Law & Litigation, Whistleblower & Corporate Investigations

New York

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D:+1 212 506 5230
E: [email protected]

Practice:

Finance Sector
Technology & Innovation Sector
Employment Law & Litigation
Whistleblower & Corporate Investigations
Internal Investigations
Trade Secrets Litigation
Wage and Hour
Cyber, Privacy & Data Innovation
Complex Litigation & Dispute Resolution
Pay Equity

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Mike Delikat Partner

New York

He is also the founder of the firm’s Whistleblower Task Force. He previously served as the Managing Director of Orrick’s Litigation Division. The practice group under Mike’s leadership was chosen as one of the top national employment law practices by Law 360.

Chambers USA and Chambers Global has ranked him in Band 1 since it began publishing its rankings, noting he is "a giant of the employment bar, widely regarded as an expert in whistleblowing matters and sex harassment claims,” “sought out by premier clients to handle high-stakes employment litigation and investigations,” and "one of the best lawyers on the East Coast for financial institutions."

Mike has an active trial, arbitration, and appellate practice and handles a number of high-visibility class action and impact cases. He is regularly retained by boards of directors and audit committees to conduct high exposure internal investigations of corporate wrongdoing.

Stacy Kray Partner, Renewable Energy, Energy

San Francisco

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D:+1 415 773 5896
E: [email protected]

Practice:

Energy & Infrastructure Sector
Renewable Energy
Energy
Energy & Infrastructure
Responsible Business

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Stacy Kray Partner

San Francisco

She advises traditional and alternative energy companies, chemical, plastics, biopharmaceutical and fuel manufacturers, waste disposal and landfill facilities, aerospace, automobile and other industrial product manufacturers, computer hardware and chip manufacturers, forestry and mining companies, financial institutions, investors and developers on risk management and strategy, site evaluation, legal liability risks, remediation and permitting efforts, public disclosures, due diligence and contractual negotiations.

She also has significant experience representing clients in administrative and judicial proceedings involving environmental law, and guiding emergency and crisis response.

She has been recognized by the Silicon Valley Business Journal as one of its Women of Influence, which spotlights the 100 most influential women in Silicon Valley. She proudly serves on the board of The Arc of the United States, a disability rights nonprofit that oversees over 600 local chapters serving individuals with intellectual and developmental disabilities, and formerly served on the board of the San Francisco Chapter of The Recording Academy, which runs The Grammy Awards.

Rob McKenna Partner, Cyber, Privacy & Data Innovation, State Attorneys General Investigations & Enforcement

Seattle; Washington, D.C.

See my bio

D:+1 206 839 4415
E: [email protected]

Practice:

Technology & Innovation Sector
Cyber, Privacy & Data Innovation
State Attorneys General Investigations & Enforcement
Strategic Advisory & Government Enforcement (SAGE)

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Rob McKenna Partner

Seattle; Washington, D.C.

A former Washington State Attorney General and President of the National Association of Attorneys General, Rob is accomplished in all areas of public policy, appellate law and investigations. He is a Chambers USA Band 1 Partner in Government Relations: State Attorneys General.

Rob represents a wide range of technology, energy, finance and other companies in matters involving cyber security, data privacy, litigation, appellate litigation, regulatory proceedings, state attorney general investigations and legislative issues. His experience, stature and proficiency add essential capabilities for clients seeking coordinated policy advocacy, regulatory compliance and litigation strategies in state capitols across the country and in Washington, D.C., where he has testified before Congress and assisted clients who have been called to testify before Congressional committees. While at Orrick, Rob has represented clients in both state and federal court, typically in cases centered on constitutional questions.

Rob served two terms as Attorney General of Washington, from 2005 to 2013. He successfully argued three cases before the U.S. Supreme Court and helped negotiate three of the largest consumer protection settlements in national history, all involving mortgage lending and servicing. He is a recognized leader in the development of data protection and privacy regulation. Rob was the first state Attorney General to build a computer forensics lab to collect evidence of Internet fraud and passed one of the nation's first anti-spyware laws.

Rob served as President of the National Association of Attorneys General (NAAG) from 2011–12 where he co-launched the NAAG Intellectual Property Task Force to advance the national fight against counterfeiting and piracy. While serving as NAAG President, he created and led a national initiative to combat human trafficking which continues to this day. The NAAG human trafficking summit he hosted in Seattle in 2012 led AGs to launch state-level initiatives around the country. His fellow attorneys general honored him in 2011 with the Kelley-Wyman Award for “Outstanding Attorney General” in America.